Bill Text: FL S1356 | 2010 | Regular Session | Comm Sub
Bill Title: Transitional Services for Youth [SPSC]
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-04-30 - Died in Messages [S1356 Detail]
Download: Florida-2010-S1356-Comm_Sub.html
Florida Senate - 2010 CS for SB 1356 By the Committee on Judiciary; and Senator Wise 590-04403A-10 20101356c1 1 A bill to be entitled 2 An act relating to transitional services for youth; 3 amending s. 985.03, F.S.; defining the term 4 “transition to adulthood”; creating s. 985.461, F.S.; 5 providing legislative intent concerning transition to 6 adulthood services for youth in the custody of the 7 Department of Juvenile Justice; providing for 8 eligibility for services from both departments for 9 youth served by the department who are legally in the 10 custody of the Department of Children and Family 11 Services; providing that an adjudication of 12 delinquency does not, by itself, disqualify a youth in 13 foster care from certain services from the Department 14 of Children and Family Services; providing powers and 15 duties of the Department of Juvenile Justice for 16 transition services; providing for assessments; 17 providing for a plan for a youth leading to 18 independence; amending s. 985.0301, F.S.; providing 19 for retention of court jurisdiction over a child for a 20 specified period beyond the child’s 19th birthday if 21 the child is participating in a transition to 22 adulthood program; providing that certain services 23 require voluntary participation by affected youth and 24 are not intended to create an involuntary court 25 sanctioned residential commitment; providing an 26 effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsections (56) and (57) of section 985.03, 31 Florida Statutes, are renumbered as subsections (57) and (58), 32 respectively, and a new subsection (56) is added to that section 33 to read: 34 985.03 Definitions.—As used in this chapter, the term: 35 (56) “Transition to adulthood” means services for youth in 36 the custody of the department or under the supervision of the 37 department with the objective of acquisition of knowledge, 38 skills, and aptitudes that are essential to pro-social, self 39 supporting adult life. The services available under this 40 definition may include, but are not limited to: 41 (a) Assessment of the youth’s ability and readiness for 42 adult life. 43 (b) A plan for the youth to acquire knowledge, information, 44 and counseling sufficient to make a successful transition to 45 adulthood. 46 (c) Services that have proven effective towards achieving 47 the objective of transition to adulthood. 48 Section 2. Section 985.461, Florida Statutes, is created to 49 read: 50 985.461 Transition to adulthood.— 51 (1) The Legislature finds that older youths are faced with 52 the need to learn how to support themselves. Additional tasks 53 for these youths are to support themselves with legal means and 54 to overcome the stigma of being delinquent. The source in most, 55 but not all, cases for expediting this transition process is 56 parents. 57 (2) It is the intent of the Legislature that the department 58 may provide to older youths in its custody or under its 59 supervision opportunities to participate in transition to 60 adulthood services while in the department’s commitment programs 61 or in probation or conditional release programs in the 62 community. These activities should be reasonable and appropriate 63 for the youths’ respective ages or for any special needs they 64 may have and shall provide them with services to build life 65 skills and increase their ability to live independently and 66 become self-sufficient. 67 (3) Youth served by the department who are legally in the 68 custody of the Department of Children and Family Services, and 69 who entered a juvenile justice placement from a foster care 70 placement, if otherwise eligible, may receive services pursuant 71 to s. 409.1451. Court-ordered commitment or probation with the 72 department is not a barrier to eligibility for the array of 73 sources available to a youth if he or she were in the dependency 74 foster care system alone. 75 (4) For dependent children in the foster care system, 76 adjudication for delinquency may not be considered, by itself, 77 as disqualifying criteria for eligibility in the Independent 78 Living Program of the Department of Children and Family 79 Services. 80 (5) To support the provision of opportunities for 81 participation in transition to adulthood services and subject to 82 appropriations, the department may: 83 (a) Assess the child’s skills and abilities to live 84 independently and become self-sufficient. The specific services 85 to be provided to a child shall be determined using an 86 assessment of his or her readiness for adult life. 87 (b) Develop a list of age-appropriate activities and 88 responsibilities to be incorporated in the child’s written case 89 plan for any youth 17 years of age or older who is under the 90 custody or supervision of the department. Activities may 91 include, but are not limited to, life skills training, including 92 training to develop banking and budgeting skills, interviewing 93 and career planning skills, parenting skills, personal health 94 management, and time management or organizational skills; 95 educational support; employment training; and counseling. 96 (c) Provide information related to social security 97 insurance benefits and public assistance. 98 (d) Request parental or guardian permission for the youth 99 to participate in the transition to adulthood services. Upon 100 such consent, the age-appropriate activities shall be 101 incorporated into the youth’s written case plan. This plan may 102 include specific goals and objectives and be reviewed and 103 updated at least quarterly. If the parent or guardian is 104 cooperative, the plan must not interfere with the parent’s or 105 guardian’s rights to nurture and train his or her child in ways 106 that are otherwise in compliance with the law and any court 107 order. 108 (e) Contract for transition to adulthood programs, which 109 include residential services and assistance, that allow for the 110 child to live independently of the daily care and supervision of 111 an adult in a setting that is not required to be licensed under 112 s. 409.175. A child under the care or supervision of the 113 department who has reached 17 years of age but is not yet 19 114 years of age is eligible for such services if he or she is not a 115 danger to the public and is able to demonstrate at least 116 minimally sufficient skill and aptitude for living with 117 decreased adult supervision, as determined by the department, 118 using established procedures and assessments. 119 (6) For a child who is 17 years of age or older, under the 120 department’s care or supervision, and without benefit of parents 121 or legal guardians capable of assisting the child in the 122 transition to adult life, the department may provide an 123 assessment to determine the child’s skills and abilities to live 124 independently and become self-sufficient. Based on the results 125 of the assessment, and within existing resources, services and 126 training may be provided to the child to develop the necessary 127 skills and abilities prior to the child’s 18th birthday. 128 (7) Services focused on the transition to adulthood for a 129 child must be part of an overall plan leading to the total 130 independence of the child from the department’s supervision. The 131 plan must include, but need not be limited to, a description of 132 the skills of the child and a plan for learning additional 133 identified skills; the behavior that the child has exhibited 134 which indicates an ability to be responsible and a plan for 135 developing additional responsibilities, as appropriate; a plan 136 for future educational, vocational, and training skills; present 137 financial and budgeting capabilities and a plan for improving 138 resources and abilities; a description of the proposed 139 residence; documentation that the child understands the specific 140 consequences of his or her conduct in such a program; 141 documentation of proposed services to be provided by the 142 department and other agencies, including the type of service and 143 the nature and frequency of contact; and a plan for maintaining 144 or developing relationships with family, other adults, friends, 145 and the community, as appropriate. 146 Section 3. Paragraph (a) of subsection (5) of section 147 985.0301, Florida Statutes, is amended to read: 148 985.0301 Jurisdiction.— 149 (5)(a) Notwithstanding ss. 743.07, 985.43, 985.433, 150 985.435, 985.439, and 985.441, and except as provided in ss. 151 985.461, 985.465, and 985.47 and paragraph (f), when the 152 jurisdiction of any child who is alleged to have committed a 153 delinquent act or violation of law is obtained, the court shall 154 retain jurisdiction, unless relinquished by its order, until the 155 child reaches 19 years of age, with the same power over the 156 child that the court had prior to the child becoming an adult. 157 For purposes of s. 985.461, the court may retain jurisdiction 158 for an additional 365 days beyond the child’s 19th birthday if 159 the child is participating in a transition to adulthood program. 160 These additional services are not intended to create an 161 extension of involuntary court-sanctioned residential commitment 162 and therefore require voluntary participation by the affected 163 youth. 164 Section 4. This act shall take effect July 1, 2010.
